Assessment

OCR Issues Guidelines on Using Tests For High-Stakes Decisions on Students

By Lynn Olson — January 10, 2001 2 min read
  • Save to favorites
  • Print

The Department of Education’s office for civil rights has released the final version of a long-awaited resource guide on the use of tests in making high- stakes decisions about students. But department officials stressed that the guide makes no new law.

“Nowhere is there a statement of any new legal standard,” Norma V. Cantu, the assistant secretary for civil rights, said at a meeting here last month where the report was released. “We already have long-standing, well-established educational principles about the use of tests on which many agree, and we’ve captured those, I hope, clearly in this document.”

For More Information

“The Use of Tests as Part of High- Stakes Decision-Making for Students: A Resource Guide for Educators and Policy- Makers” is available from the OCR.

Some education groups had expressed concerns that earlier drafts of the report would have a chilling effect on the use of standardized tests in education, while others described the tentative guidelines as useful at a time when many states are drafting new accountability policies. (“OCR Issues Revised Guidance on High- Stakes Testing,” Jan. 12, 2000.)

William L. Taylor, the vice chairman of the Washington-based Citizens’ Commission on Civil Rights, a private watchdog group, described the final guidelines as “good news for public schoolchildren throughout the country.”

“The central question about testing in public schools is whether it will be used as a means to promote academic progress or as a barrier to the advancement of children,” he said.

The document includes separate chapters on the legal and test-measurement principles that should guide the proper use of assessments, including issues related to testing students with disabilities or limited English proficiency. OCR officials wrote the guidelines after extensive consultation with educators, civil rights groups, business leaders, lawyers, and test publishers over the past two years.

‘The Right Way’

“It’s not about ‘don’t use tests’ or ‘do use tests,’” said Scott R. Palmer, the deputy assistant secretary for the OCR. “It’s really about using tests the right way, that is beneficial to kids.” Used properly, Mr. Palmer argued, tests can promote both excellence and equity— hallmarks of the academic-standards movement.

But he acknowledged that, in some cases, “there are no completely clear answers: It’s a question of both what is educationally sound and legally appropriate.”

For example, he noted, while using tests as a requisite in awarding a high school diploma “certainly raises some issues,” it is not inherently or automatically a violation of civil rights laws. Similarly, evidence that a test results in significant disparities in the passing rates of white and African-American students does not, by itself, prove discrimination.

Defendants in lawsuits over tests, however, must prove that the policy is educationally justifiable, Mr. Palmer said, an area in which courts have shown substantial deference to educators’ judgments. And those challenging the use of such tests must demonstrate that an equally effective alternative is available that would result in lesser disparities.

Ms. Cantu said the report won’t have an effect unless state lawmakers and others read and use it. And she expressed hope that the incoming Bush administration would continue to make distribution of the information a priority.

Related Tags:

A version of this article appeared in the January 10, 2001 edition of Education Week as OCR Issues Guidelines on Using Tests For High-Stakes Decisions on Students

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Pave the Path to Excellence in Math
Empower your students' math journey with Sue O'Connell, author of “Math in Practice” and “Navigating Numeracy.”
Content provided by hand2mind
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Combatting Teacher Shortages: Strategies for Classroom Balance and Learning Success
Learn from leaders in education as they share insights and strategies to support teachers and students.
Content provided by DreamBox Learning
Classroom Technology K-12 Essentials Forum Reading Instruction and AI: New Strategies for the Big Education Challenges of Our Time
Join the conversation as experts in the field explore these instructional pain points and offer game-changing guidance for K-12 leaders and educators.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Assessment States Eye Assessment Throughout the Year as Frustration With Standardized Testing Mounts
Some states are working to transition to through-year testing models in an effort to make standardized tests more relevant to educators.
6 min read
Arial view of a classroom of lined desks where a diverse group of high school students are working with pens, pencils, and paper.
iStock/Getty
Assessment From Our Research Center Educators Feel Growing Pressure for Students to Perform Well on Standardized Tests
Many say they feel more pressure now than before the pandemic to ensure students perform well on the annual, state-required exams.
4 min read
Image is teenagers taking a test
E+/Getty
Assessment Teachers Say Those Ubiquitous, Every-Few-Months Tests Don't Always Capture What's Taught
The vast majority of schools use them, but not all teachers think they accurately measure student progress.
5 min read
Student in classroom taking test.
iStock/Getty